Category: Employer Compliance

May 01, 2021

US Embassies will prioritize applications to reduce the immigrant visa backlogs

The Department of State (DOS) recently announced U.S. embassies and consulates are using a tiered approach to reduce the backlog in the processing of immigrant visas. DOS identified four priority tiers listing the main categories of immigrant visas in each: –Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon […]

March 04, 2021

Biden Administration Revokes Trump Era “Buy American, Hire American” Executive Order

On January 25, 2021,  President Biden issued an executive order (“Made in All of America by All of America’s Workers”), which effectively revoked Trump’s Buy American and Hire American Executive Order (“BAHA”).  The revocation of BAHA may represent a shift in employment-based immigration policy in particular.  The BAHA order led to many restrictive immigration policies […]

March 01, 2021

Computer Programmers may now qualify again for H-1B visas

In its unrelenting assault on H-1B visas for IT professionals, the Trump administration turned back a long standing policy and denied thousands of H-1B petitions for computer programmer positions. The USCIS claimed these positions were no longer specialty occupations as defined by H-1B rules.  Many companies filed lawsuits to contest denials based on this policy […]

February 27, 2021

What H-1B Employees Can Expect and Do During a Surprise Government Audit

You are going about your usual duties at work when you get a call that a government agent wants to speak with you about your H-1B visa.  As you descend in the elevator to the lobby, your imagination goes wild.  As you meet the agent, he identifies himself as an FDNS inspector and wants to […]

July 02, 2020

What You Need to Know about the New USCIS Policy H-1B Memo

On June 17, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum adjusting some petition requirements for H-1B nonimmigrants. It was prompted to change some of its requirements for H-1B nonimmigrant petitions after the IT Serve Alliance lawsuit took place.  In the new policy memorandum, USCIS rescinds two of its former policy memos […]

April 13, 2020

COVID-19 Impact on Immigration: Non-Citizen Eligibility for Unemployment Benefits under the CARES Act

Under the basic requirements established in the Federal Unemployment Tax Act (FUTA), non-citizens usually qualify for regular unemployment insurance benefits (UI) if they are authorized to work. The federal funded unemployment insurance benefits under the Coronavirus Aid Relief and Economic Security (CARES) Act establish federal funding for three major UI programs (pandemic unemployment assistances, additional […]

April 12, 2020

COVID-19 Impact on Immigration: Non-Citizen Eligibility for Recovery Rebates under the CARES Act

The recovery rebates under the Coronavirus Aid Relief and Economic Security (CARES) Act are administered under tax law and has very specific requirements as to eligibility. Generally, noncitizens must (1) meet certain income limits, (2) have social security number, and (3) satisfy resident alien requirement under the “green card” test or “substantial presence” test. The […]

April 11, 2020

[Webinar Replay] COVID-19 Impact on Immigration

Here are the replay and slides for our latest webinar, “Legal Update: COVID-19 Impact on Immigration,” with the information you need to know about legal immigration consequences for non-citizens and employers of the COVID-19 pandemic crisis and government response. Watch the replay to learn more about immigrant eligibility for unemployment, healthcare, and other benefits, the […]